Amdt 4 Town Hall Square 05312022

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BMDV-54329\2564048.1 1 THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT Town Hall Square THIS THIRD AMENDMENT to Purchase and Sale Agreement (this “Amendment”), is entered into as of January 31, 2022 (the “Amendment Date”), by and among the Successor Agency to the Redevelopment Agency of the City of San Leandro, a public agency (the “Agency”), the City of San Leandro, a California charter city (the “City”) and Beam Development LLC, a California limited liability company (“Buyer”), and amends that certain Purchase and Sale Agreement dated December 7, 2017 (the “Agreement”) by and between City and Buyer, as previously amended by the First Amendment to Purchase and Sale Agreement, dated December 4, 2018 (the “First Amendment”), and amended again by the Second Amendment to Purchase an d Sale Agreement dated January 31, 2020 (the “Second Amendment”). City, Agency and Buyer are collectively referred to herein as the “Parties” and individually as a “Party”. Capitalized terms used without definition herein have the meaning ascribed to such terms in the Agreement. RECITALS A. Subject to the terms and conditions set forth in the Agreement, Buyer has agreed to buy the City Property and the Agency Property for development of a project. B. Pursuant to Section 5.2(a) of the Agreement, Buyer had twelve (12) months from the Opening of Escrow to conduct due diligence, the foregoing being the Due Diligence Contingency Period. The Agreement provided that the Due Diligence Contingency Period could be extended for up to five additional twelve -month Extension Periods, to as late as December 7, 2023, with the close of escrow required to occur within ninety (90) days thereafter. C. Pursuant to Section 2 of the First Amendment, the Parties extended the Due Diligence Contingency Period to January 31, 2020 in order to provide additional time for Buyer to complete physical inspections of the Property and to negotiate for the purchase of adjacent property. D. Pursuant to Section 3 of the First Amendment, Buyer provided the Additional Deposit required under Section 5.1 of the Agreement in consideration of the City and Agency extending the Due Diligence Contingency Period. E. Pursuant to Section 4 of the First Amendment, the Parties revised a provision such that the Buyer had only four (4) twelve-month Extension Periods with respect to the timing for the Closing. F. Pursuant to Section 2 of the Second Amendment , the Parties further extended the Due Diligence Contingency Period to January 31, 2021 in order to provide additional time for Buyer to complete physical inspections of the Property and to negotiate for the purchase of adjacent property. DocuSign Envelope ID: F48E523D-B7D1-452A-B3DD-528BE3CA179FDocuSign Envelope ID: 71E46BF3-1588-4957-B804-829CB68E081C